The Temporary Wage Subsidy Scheme is ever evolving in the face of uncertainty, writes Maud Clear.The Temporary Wage Subsidy Scheme (TWSS) was introduced on 26 March 2020. Looking back 20 weeks on, in a world turned upside down by COVID-19, it is fair to say that the Scheme has evolved since its inception. With many businesses facing an uncertain road to recovery, the July Jobs Stimulus package was the next eagerly awaited phase in this evolutionary process.Revenue offered its services to the Department of Finance to pay out the subsidy through real-time reporting tools – an extraordinary move from an institution whose function is to collect tax.While the initial assessment in establishing eligibility was a significant exercise for many employers, Revenue provided consistency and support in their operation of the Scheme.That is until a programme of compliance checks was announced on 23 June for all employers availing of the Scheme. This was an unforeseen turn in the Scheme’s evolution, particularly when Revenue issued guidance on 20 April indicating: “We may in the future, based on risk criteria, review eligibility”.Such a broad stroke approach and the requirement for a response within five days have many employers questioning what is yet to come in the operation of the Scheme.Chartered Accountants Ireland, under the auspices of the CCAB-I, sought an extension to this response time. In response, Revenue may now allow for an extension of the five days where an employer contacts them to explain their difficulty in returning a response within the required timeframe.The announcement of an extension to the TWSS until the end of August came with a warning from the Minister for Finance that “this support cannot last forever”. As the challenges facing employers in re-opening continue to mount, assurance has since been provided by the Minister that the Scheme will not come to “an abrupt end”.  Most employers need the support of the TWSS to get back on their feet. Clarity on how they will get it, and for how long, will be a determining factor in their recovery. It is hoped that the ‘July Jobs’ stimulus package will provide that certainty.Maud Clear is Tax Manager at Chartered Accountants Ireland.

The prospect of an EU-wide digital tax raised its head again in June following developments at the OECD. Peter Vale and Kim Doyle consider if we are now closer to implementation of an EU digital tax across all member states, and the impact on Ireland’s offering.The EU agreed last year to park its digital tax proposals to allow global consensus to be reached through the OECD digital tax discussions.Both the EU and OECD proposals aim to allocate a portion of profits based on the location of consumers, reflecting the increasing value that businesses place on consumer data.In June, the US withdrew from the OECD’s digital tax discussions. This has increased the likelihood that the EU will push ahead with its own proposals.In the short-term, the impasse at OECD level is also likely to see other countries push ahead with unilateral digital tax proposals. Indeed, many EU countries have either implemented or proposed their own digital tax proposals.An EU digital taxThe EU’s original digital tax proposals envisaged a simple 3% turnover-based tax as an interim measure, subject to reaching agreement on a means of allocating profits based on digital activity. Given the complexities involved in arriving at such a means, the risk is that any interim ‘quick fix’, such as a flat turnover-based tax, could potentially become permanent.While countries are free to introduce their own digital tax measures, as several have done, implementation of an EU-wide digital tax regime would require unanimity across all EU member states. The need for unanimity could make it challenging to implement as certain countries, including Ireland, are not in favour of the existing EU digital tax proposals.However, the EU is looking to replace unanimity over tax decisions with a form of “qualified majority voting”. While such a change will itself require unanimity, political factors may lead to the removal of the requirement for unanimity in the future. This could potentially pave the way for easier implementation of EU-wide tax changes.Although the removal of the requirement for unanimity on significant EU tax decisions is some years away, countries are often reluctant to use a veto to block EU tax proposals. Hence the real possibility of an EU-wide digital tax in the short- to medium-term.COVID-19 will also drive countries to seek out additional tax revenues to fund spending, with digital tax from large multinationals likely seen as an easy target.What does it mean for Ireland?In recent years, many multinational companies (MNCs) with substantial operations in Ireland have moved their valuable intellectual property (IP) here. Over time, this would be expected to increase corporation tax revenues in Ireland.A simple 3% tax on the ‘digital’ revenues of large MNCs would increase the effective tax rate of these companies and thus dilute the benefit of our 12.5% corporate tax rate. This would impact low-margin businesses most and from a tax perspective, would make it less attractive to operate from Ireland.While the movement of IP to Ireland should see an increase in our corporate tax revenues, an EU-wide digital tax could see a pull the other way; it may cause some groups to reconsider their Irish presence.However, even if our tax regime becomes relatively less attractive, our 12.5% corporate tax rate may still make Ireland the most compelling location in Europe in which to do business and help us retain key employers.Digital tax optionsThe EU acknowledges that a 3% turnover-based tax is a blunt instrument and that more refined taxation of digital activity is the end goal. The OECD considered other options, which would involve looking at the level of activity in the selling country in determining an appropriate allocation between the selling country and the market jurisdiction. However, it is acknowledged that this is a difficult exercise – one that potentially involves a rewriting of transfer pricing principles – hence the EU proposal to start with a straightforward 3% turnover-based tax.Ideally, there would be agreement at EU level on a more sophisticated and accurate means of profit allocation rather than simply jumping into a turnover-based tax regime. While this might take some time to develop, it could be part of negotiations at EU level given that unanimity is required to implement any digital tax proposals (although countries would remain free to continue to develop their own digital tax regimes, which is far from an ideal scenario). A longer-term solution that reflects the value-added activities taking place in the selling jurisdiction, not merely market jurisdiction factors, would be better for Ireland. It would also encourage more knowledge-based businesses to locate here.Wider impactIf the price of any negotiation on digital tax proposals is that unanimity over tax decisions is removed, there is a longer-term vista of other EU proposals being pushed through. This would include the dreaded Common Consolidated Corporate Tax Base (CCCTB), which would again look to rewrite the rules in terms of the allocation of a group’s profits. Such moves would be bad for a small, open economy such as Ireland with significant profits diverted to larger market jurisdictions diluting the benefit of our 12.5% corporate tax rate.Once again, we are at a critical juncture in terms of global tax rule changes. Developments to date have generally been positive for Ireland. However, it would be dangerous to think that this will continue to be the case. In practice, our options are limited in terms of influencing the direction of changes to the tax landscape. In any future scenario, however, the location of high value-add activities should continue to play a key role in the allocation of a group’s profits. One thing that is not good for Ireland is uncertainty. Groups cannot make robust plans in an uncertain environment. The sooner there is clarity on digital tax changes, the better for Ireland.Ongoing robust corporate tax receipts evidence the generally positive impact that global tax changes have had in Ireland to date, with a movement away from tax havens to jurisdictions with substance. If Ireland can maintain a regime that both encourages and rewards innovation, we will be in the best possible place to emerge relatively unscathed from the latest round of changes.Kim Doyle FCA is Tax Director, Head of Knowledge Centre at Grant Thornton.Peter Vale FCA is Tax Partner, Head of International Tax at Grant Thornton.

The General Court of the European Union’s ruling in the Apple tax case affirms Ireland’s reputation as a suitable location for global establishment, argues Claire Lord.In 2016, the EU Commission decided that two tax rulings issued by the Revenue Commissioners in 1991 and 2007 in favour of Apple Sales International (ASI) and Apple Operations Europe (AOE) constituted unlawful state aid under EU law.ASI and AOE were companies incorporated in Ireland, but not tax-resident in Ireland. The contested tax rulings endorsed the methods used by ASI and AOE to determine the taxable profits in Ireland attributable to the trading activity of their respective Irish branches. The Commission calculated that, through these tax rulings, Ireland had granted Apple €13 billion in unlawful tax benefits, which therefore constituted unlawful state aid.The decision of the Commission was appealed to the General Court of the European Union by both Apple and Ireland.General Court’s decisionThe General Court annulled the Commission’s decision on the basis that the Commission did not succeed in proving that ASI and AOE had been granted a selective economic advantage and, by extension, unlawful state aid.The General Court agreed with the Commission’s approach on some fundamental legal issues such as how the principles of advantage and selectivity are to be assessed, the reference framework of Irish tax law and, in broad terms, the application of the ‘arm’s length’ principle. However, it also held against the Commission on several points of law and fact. In particular, it rejected the Commission’s primary argument that the Revenue Commissioners had granted ASI and AOE an advantage by not allocating the Apple group’s intellectual property licences held by ASI and AOE, and the associated sales income, to the Irish branches of ASI and AOE.The Commission had made this argument by effectively contending that such an allocation must be the case because ASI and AOE had no employees anywhere else, despite their boards conducting business outside of Ireland. The General Court found that approach to be wrong in law and fact. It held that as a matter of law, the Commission had to show that, in fact, the Irish branches of AOE and ASI carried out the taxable activity; it was not enough to contend that the Commission had not found such activity elsewhere.In addition, the General Court held that the evidence given by ASI and AOE demonstrated that the relevant taxable activities were not in fact carried out by the Irish branches.The General Court also held that the Commission did not demonstrate that methodological errors (which the Court accepted had occurred in the contested tax rulings) resulted in an advantage for AOE and ASI. While the General Court regretted the incomplete and sometimes inconsistent nature of the contested Irish tax rulings, those infirmities did not, in themselves, prove the existence of a selective advantage. Therefore, such errors did not constitute unlawful state aid.Lastly, the Court also found that the Commission did not prove that the contested tax rulings were the result of discretion exercised by the Revenue Commissioners, which had granted a selective advantage to ASI and AOE. Instead, it found that the correct analysis of 11 other rulings by the Revenue Commissioners was that the approach depended on the facts and this was not objectionable.The Commission may appeal the decision to the EU’s Court of Justice before 26 September. However, an appeal is only on points of law and not on findings of fact.The impact of the decisionThe General Court’s decision is a victory for the position argued by Apple and Ireland. Because it holds against the Commission on several points of law and fact, it will be a difficult decision to appeal successfully should the Commission decide to do so. Also, the points won by the Commission are points of law. They, therefore, may themselves be challenged in any cross-appeal and an adverse decision on any of those points could have systemic effects, which the Commission would not welcome.The decision is obviously newsworthy because of the parties involved, the value at stake and the current global focus on international tax, particularly in relation to multinationals and the digital economy. However, it is noteworthy that many of the points at issue are no longer of relevance for companies doing business in Ireland as the structures and approaches at the heart of the case have not been widely used here in recent years.It does, however, clarify that Ireland did not apply any selective treatment to Apple. It underscores Ireland’s reputation as a straightforward and rules-based jurisdiction which remains an eminently suitable location for global companies to establish significant operations.Claire Lord is a Corporate Partner and Head of Governance and Compliance at Mason Hayes & Curran.

Michael Cawley has enjoyed a stellar career. In this article, he shares his five favourite lessons in leadership.Over the past four decades, I have encountered some very impressive leaders in my professional life. From Coopers & Lybrand, where I trained to qualify as a Chartered Accountant, to Ryanair, where I worked as Deputy Chief Executive, I have seen many different types of successful leadership.However, the best leaders have all had several traits and characteristics in common. In this article, I discuss the five things great leaders do consistently. The best part about these five tips is that they are all doable with some thought and a little effort. There’s no magic and no secret sauce, but great leadership does require purposeful application.Present a clear missionBusiness isn’t rocket science but all too often, simple things become unnecessarily complicated. It is the job of the leader to simplify wherever possible, by establishing straightforward reporting lines and setting clear objectives. In doing so, your team will be better able to see their impact on the overall mission of the business. This is important as colleagues who can directly relate their efforts to business outcomes will ultimately raise their game to go above and beyond what is required of them. If you have a team of people working on this basis, the sky is the limit.It all begins with clarity, however, and that begins at the top of the organisation. An organisation’s leaders must understand the mission and communicate unambiguously to everyone – no fudge, equivocation or misunderstanding. Joe Schmidt often speaks about how great teams exceed the potential of their constituent parts, and the same applies in business. Be clear about what is required, get everyone pulling in the same direction, and your business’s performance will dramatically improve.Think beyond the possibleIn my view, we all achieve a small percentage of our potential, but good leaders help people see beyond the constraints and what they define as ‘possible’. As an example, in Ryanair we faced a seemingly insoluble issue in Italy some years ago. The airline’s schedule requires that the turnaround time at each airport for each aircraft is 25 minutes. To achieve this, Ryanair needs to refuel the aircraft while passengers disembark and baggage is removed. However, in Italy, uniquely in Europe, the law prevented airlines from fuelling the aircraft as passengers disembarked. Our punctuality in Italy was badly affected by this restriction and when every other option was exhausted, my colleague, the Director of Operations, was charged with the seemingly impossible task of getting the legislation changed.Initially, we all thought this was impossible but faced with no alternative, we developed an innovative strategy which convinced the Italian government of the merits of our case. This involved working at both local and national level at speed throughout Italy.This ability to challenge people so that they tackle issues that appear to be beyond them, but not so far beyond them to put them into a state of despair, is a delicate act – but if done right, can make the seemingly impossible, achievable.Develop self-confidenceLeadership can be a lonely place, particularly when you are the CEO. All leaders therefore need the self-confidence to see them through – not only during the tough times, but also day-to-day. Unfortunately, Irish people tend to harbour a high degree of self-doubt and this can lead to paralysis at the very moment decisiveness and action is required. But how can you build self-confidence as a seasoned professional? Success breeds confidence, and I am a big believer in excellence in basic execution. Too many people give up early – they hit a bump in the road and the journey ends there and then. Some people are also just waiting for you to fail. But if you obsess over the basics and execute brilliantly every single time, your chance of success will increase exponentially – and every little win will add to your confidence and self-belief.You also need to develop a relentless streak, because sometimes even excellent execution will not cut it the first or second time around. Michael O’Leary is a good example of this approach with his unwavering persistence and focus on the end goal. So, begin with the basics, execute brilliantly, and do not give up.Be paranoidTo become, and remain, successful in business, you cannot rest on your laurels. Andrew Grove, the founder of Intel who is famously quoted as saying “only the paranoid survive”, insisted that Intel double the capacity of their microchip every two years in order to stay ahead of the competition. He saw this as key to remaining number one in their sector.The truth is, once you or your business become a success, people are out to get you. Your competitors work night and day to catch up with you, so you need to work even harder to stay ahead. This paranoia isn’t the debilitating kind, however. It drives you to become better and see evolution and change as standard practice.Ryanair floated in 1997, and our grand finale on the investor roadshow was in New York. At the time, we could produce a seat for a fraction of the cost of our nearest competitor and investors jumped on the opportunity. The offering was 19 times oversubscribed but instead of thinking we’d made it, we knew that we had to continue to work hard to keep driving our costs down. Today, a number of airlines have a similar cost base to what Ryanair had in 1997, but we have moved on because we knew we had to. We still have the lowest cost base in Europe by far, which is the key competitive advantage when you are in the short-haul air travel business. This type of paranoia is driven by the realisation that, because you are a success, you inevitably become a target for your competitors and you must be at least one step ahead at all times.Booking.com is another prime example of this phenomenon. The company is valued at $70 billion and run by a formidable bunch of people. Every year, they make up to 10,000 changes to their website – most of which are so minute as to be virtually undetectable. But they continuously work to test and iterate based on what customers respond to – and in that way stay ahead of the competition.It’s all very well being paranoid, but how do you stay ahead as an individual? You must learn continuously and be acutely aware of the fact that you do not have a monopoly on wisdom. I am 66 years of age and I am still conscious of my shortcomings. To overcome them, I read and research continuously.Energy and enthusiasmAs a leader, you set the tone – and this is most apparent when it comes to your energy and enthusiasm. Your colleagues at all levels of the organisation will pick up on everything from the urgency with which issues are dealt with and the speed of your commitments to your body language and your choices. Energy and enthusiasm flow downhill, as does lethargy and tardiness, so you need to ensure that, as a leader, you are sending the right signals to your people. And although it may be more challenging to do in a remote working environment, it’s still possible if you adapt.The best time to test for energy and enthusiasm is at the hiring stage. Employ people with as much, if not more, enthusiasm than you. Look for people with integrity and honesty, who seek to say and do the right thing even when it isn’t what you want to hear.No amount of talent can make up for a poor attitude, so be careful in your hiring processes and set the bar high in your day-to-day work environment.Michael Cawley FCA is an independent non-executive director and former Deputy Chief Executive Officer at Ryanair.

Sean Quigley explains how team coaching can help companies achieve the ultimate competitive advantage.Research tells us that at best, 20% of leadership teams are high-performing. It also tells us that at least 50% of teams are underperforming. These statistics should be of interest to anyone in a leadership role, as they have huge implications for business performance, the delivery of public services and a wide range of organisations, including not-for-profits.Every organisation is increasingly reliant on greater teamwork to cope with growing challenges, greater complexity, and uncertain environments. The COVID-19 pandemic has just added a new level of challenge. The need for collective leadership and collaborative ways of working across organisational and sectoral boundaries has never been greater. However, teamwork remains the one sustainable advantage that has been largely untapped in most organisations. There is a great need to help teams develop ways of working so that they achieve more than the sum of their parts. The message is clear: senior leaders must get out of their silos and work with each other more. To navigate today’s constantly changing business environment and address cross-disciplinary challenges, top leaders must act as one and be role models for their organisations.In my experience, both as a team coach and a member of senior leadership teams, there are many reasons – some of which are potentially complex – why teams underperform. However, leaders need to recognise the key areas that lead to underperformance.All teams can improve performance. Imagine the impact of a 10% improvement in the performance of your team, and the consequent benefits for customers and all stakeholders? Team leaders need support and guidance to identify areas where their team is underperforming, and to get to the next level of performance. That is where team coaching can have an immediate impact.High-performing teamsA high-performing team achieves outstanding performance by making optimal use of the capabilities of each team member. This highlights the difference between a team and a group. The members of a team are committed, close-knit and share a common objective.Highly effective teams avoid wasting time talking about the wrong issues and revisiting the same topics repeatedly because of a lack of buy-in. Highly effective teams also make higher-quality decisions and accomplish more in less time and with less distraction and frustration. If some of the 80% of teams that are not high-performing did indeed improve their performance, this would represent a huge opportunity to unleash untapped potential and add value.High-performing teams are not only important at the top of the organisation. Today, teams are widely used in the form of project teams and cross-functional teams, for example. There is an inherent flaw in this enthusiastic shift to forming teams, based on the assumption that team members naturally know how to collaborate effectively.To take a sporting analogy, teams know that they must be greater than the sum of their constituent parts. There are some outstanding examples of this. The New Zealand rugby team, the European Ryder Cup teams and the Irish women’s hockey team, which reached the Hockey World Cup final in 2018. As Babe Ruth famously said, “The way a team plays as a whole determines its success. You may have the greatest bunch of individual stars in the world, but if they don’t play together, the club won’t be worth a dime”.This also applies to business teams and it is noteworthy that Peter Hawkins, a leading expert in leadership team coaching, found that in 40 years working with leadership teams, the average intelligence of the individual team members was over 120. However, the collective intelligence of the team as a whole was about 60. This is a significant challenge for many businesses and organisations that recruit or promote the brightest and best, yet struggle to operate effectively as a team. Indeed, many organisations have excellent development programmes for individual managers and leaders. Yet, it is rare to find organisations with programmes focused on integrating those individual programmes with team development programmes. This is a major blind spot.How can team coaching help?Unlike some other team interventions, team coaching is designed to work with teams for lasting change. Team coaching is a true partnership designed to work flexibly with the team for a period of time so that a higher level of team performance and a deeper sense of cohesion can be sustained into the future. Team coaching isn’t just about helping the team optimise the way it communicates and learns together (the work of a group). It also enables the team to define and execute its collective task in a way that creates greater value than is possible from the sum of the individual members. It is a process of empowering your team to find and implement their own solutions. The team coach facilitates this learning journey and supports the team in developing the skills needed to maximise their collective potential. The team coach will bring your team through a tried and tested process to identify where they are and what they need to do to be genuinely high-performing.Teamwork comes down to mastering a set of behaviours that are in theory quite straightforward, but can be challenging to put into practice day after day. However, when all team members know what those behaviours are and commit to putting them into practice, that is a crucial step towards becoming a high-performing team. The team coach can help the team improve performance and add value by ensuring that:the team has a clear, collective and compelling purpose with agreed objectives;these are aligned to the needs of stakeholders; andthey all recognise that this can only be achieved through effective team collaboration.Every team member must take responsibility for their part, as well as for the functioning of the whole team. They must present their collective purpose and objectives to a wide range of external stakeholders. It is also essential that it is a learning team, where members are jointly and individually developing and adapting to the ever-increasing speed of change.The five dysfunctions of a teamIn the book by Patrick Lencioni, The Five Dysfunctions of a Team, he says that “organisations fail to achieve teamwork because they unknowingly fall prey to five natural but dangerous pitfalls”. In his book, he describes the five dysfunctions that are pervasive in all kinds of organisation. By identifying the dysfunctions by name, leaders can watch out for them and learn to address the root causes that prevent teams from reaching their full potential. The five dysfunctions are outlined in Figure 1.Based on the indicators, does your team exhibit any of the characteristics of a dysfunctional team? Would you prefer your team to have the features of a high-performing team? If your team is ready to work hard, take responsibility for results and achieve its potential, now is the time to take action. Working with a qualified team coach can help your teams make the transition quite quickly.Sean Quigley FCA is an executive and team coach, and non-executive director.

Julia Rowan offers practical guidance to help leaders run productive and enjoyable team meetings.Team meetings both reflect and create a team’s culture. In times of uncertainty, they provide an essential lifeline to staff as well as an opportunity for leaders to develop the future team that they need.But before we dive into the detail, bear with me for a short and useful exercise: write down a few words that describe your team. Next, fast-forward 12 months: write down the words you would like to use to describe your team. What did you write? More strategic? More independent? More collegiate? More thorough? More proactive? Now reflect on this: how are you using your team meetings to build that strategic, independent, proactive (insert your own words) team that you want?Leaders rarely view the team meeting as an opportunity to build the team they want. Team meetings are seen as a duty, not an opportunity.Create a strong centre of gravityLeadership is challenging, both in good times and bad, but the challenges are different. Right now, there is significant uncertainty: possible recession, business continuity challenges, staff safety and more. Organisations are trying to recruit, induct, delegate, manage and lead at a distance. Many team members are anxious.All of this, to be slightly controversial, in an environment where commitment to one’s profession can be more important than commitment to one’s employer. And that commitment is neither right nor wrong – it merely reflects the reality that all professionals need to stay accredited. Otherwise, their employment prospects are gone. But it all feeds into the need for the leader to create a strong ‘centre of gravity’ within the team and to make the most of the opportunity (there’s that word again) that team meetings offer.Let’s go back to our opening exercise. Let’s say that you want your team to be more proactive; you have two choices. You either tell them that you want them to be more proactive or, at your next team meeting, you ask each team member to give an example of their proactivity and how it worked out. The first option sits nicely under ‘good advice’, and like all good advice, it may or may not be heeded. The second option sends a powerful message: that members of this team are encouraged to be proactive.The purpose of team meetingsMy take on leadership is that it happens through a series of conversations, most of which are one-to-one – interview, induction, goal-setting, delegation, feedback, performance management, coaching etc. Each of these conversations has a specific purpose and opportunity. Team meetings are different and serve three main purposes:they allow for the exchange of information, ensuring that everyone is on the same page;they facilitate discussion, which leads to better quality decisions; andthey are usually the only time and place where the team is together and can ‘do’ being a team. They are the equivalent of the family dinner – a time to stay connected, support each other and, yes, have the odd spat.The team-building part builds the trust needed to ensure that the discussion and decision-making are high-quality; that all team members can speak up, air opinions and be heard. This, in turn, feeds into that all-important engagement and commitment to the team, which is particularly important when teams work off-site or virtually.Plan and run outstanding meetingsTaking the time to plan and run outstanding meetings is tough on leaders who are already under pressure. They may unwittingly adopt a ‘tick-box’ approach to their meetings: regular meeting? Agenda circulated? All in attendance? All updates covered? Action list distributed?Actually, if you are doing all of that, take a bow because many teams never meet (and hopefully the thoughts below will help you make your meetings even more useful and enjoyable). Or maybe you used to run meetings and then stopped. They took too long, nobody spoke up, or the same few people dominated. Now is a great time to reinvest in your team meetings.The tips that follow may help stimulate some creative thoughts about how you plan and organise your team meetings. Julia Rowan is Founder of PerformanceMatters.ie. Following a career that spanned finance, marketing and public affairs, Julia now works with leaders and teams throughout Europe to build strong teams.